| European
Council Framework Decision (15
March 2001 (2001/220/JHA) Official Journal of the European Communities
L 82/1 - 22.3.2001) states: |
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Article
10: Penal
mediation in the course of criminal proceedings
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Questions |
1.
Each Member State shall seek to promote mediation
in criminal cases for offences which it considers appropriate for
this sort of measure. |
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Is
your area promoting mediation services in criminal cases, so that
victims know they can make use of it? |
2. Each
Member State shall ensure that any agreement between the victim
and the offender reached in the course of such mediation
in criminal cases can be taken into account.” |
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Does
your area ensure that a mediation is taken into account in criminal
cases?
How
can there be an agreement between a victim and the offender? |
| Article
17: |
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Each Member
State must put into place laws, regulations and administrative provisions
to comply with the framework decision, in the case of Article 10
by 22 March 2006.
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Just
what laws, regulations and administrative provisions are in place
in your area to ensure this occurs? |
| United
Kingdom legislation: |
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Section
142 Criminal Justice Act 2003
Purposes of
sentencing
(1) Any court dealing with an offender in respect of his offence
must have regard to the following purposes of sentencing
(a) the punishment of offenders,
(b) the reduction of crime (including its reduction by deterrence),
(c) the reform and rehabilitation of offenders,
(d) the protection of the public, and
(e) the making of reparation by offenders to persons affected
by their offences.
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If
mediation, like restorative processes, are not available in your
area for criminal justice matters how can a court have regard to
these purposes of sentencing?
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